PRIVACY POLICY



STACYC
PRIVACY NOTICE
Last Modified: December 11, 2019

Your privacy is important to STACYC, Inc., its affiliates, subsidiaries and parent companies (“STACYC,” “we,” “our,” or “us”). As parents, bike dealers and overall bike enthusiasts, we know you like to be informed and we are committed to protecting your privacy through our compliance with this Privacy Notice (this “Notice”).
This Notice applies to STACYC’s website located at www.stacyc.com (the “Site”). This Notice will let you know what kind of information we collect on our Site, how we collect that information, and what we do with it. If you do not agree with this Notice, please do not use the Site.

CHILDREN UNDER THE AGE OF 13

The Site is not intended for anyone under the age of 13, and we do not knowingly collect personal information from children under 13. In the event that we learn that we have collected personal information from a child under the age of 13, without parental consent, we will delete that information and otherwise comply with the requirements of any applicable law including the Children’s Online Privacy Protection Act. If you believe that we might have any information from or about a child under the age of 13, please contact us at STACYC, Inc. 6795 Corporation Pkwy Suite 200 Fort Worth, TX or privacy@stacyc.com.

INFORMATION WE COLLECT

Personal Information.

We may collect personal information about you when you provide it to us while using or interacting with the Site. For example, if you create an account or sign up for the mailing list on the Site, you may be asked to provide your name, email address, date of birth, shipping address, payment information or other information that may personally identify you.

Non-personal Information.

When you use or interact with our Site, we may use a variety of technologies that collect information automatically, including cookies, web beacons, flash cookies, and logging. Those technologies may collect, among other things, your IP address, location, device type, date and time of visit, operating system, and browser type, as well your activities on the Site. If you are interacting with the Site on a mobile device, additional information may be collected, including your mobile device’s unique device ID and information about how you use the Site. We use this information for our internal purposes.

    •    Cookies. We think it is important that you understand cookies. A cookie is a small text file that is sent to your browser when you access a website, including the Site. We and the third parties described below may use session cookies. A session cookie is available only during the course of the browser session; the information is not sent to or stored on a computer’s hard drive. Closing the browser or logging off will invalidate the session cookie. You also have the choice to enable a persistent cookie, which will remember your login information each time you visit the Site. This persistent cookie can only be enabled by individuals who meet the eligibility requirement to create an account. You can find more information about your choices regarding cookies under the heading “YOUR CHOICES ABOUT OUR COLLECTION, USE, AND DISCLOSURE.”

    •    Web Beacons. “Web beacons” or “tracking pixels” are electronic images, tags or scripts that allow a website to access cookies and among other things, help track general usage patterns of visitors to a website. Web beacons can recognize certain types of information, such as cookies, time and date of a page view and a description of the page where the web beacon is placed. We and the third parties described below may use web beacons to compile information regarding your use of the Site.


THIRD PARTY DATA COLLECTION

We contract with third parties to assist us with analytics, emails and other business purposes. These third parties may use third-party cookies, or other methods or technologies like website scripting, pixels or action tags to collect information about you when you visit the Site or interact with emails. We use the information collected by third parties to improve our content, products, and services, to inform groups of users about relevant products and services, and to help us analyze the Site and the effectiveness of our marketing. The use of your information by such third parties is governed by each third party’s privacy Notice.

Information from Emails. As noted above, we collect information on our email campaigns from our third party service providers, including whether you have read an email sent by us or on our behalf, forwarded an email, and when and how many times you have opened an email. We may use this information to improve our marketing, to understand our audience, and to improve the Site and our products and services. If you wish to opt out of receiving emails from us, please see the “Opt-out” section, below.

Information from Third Party Analytics. We also use third party analytics on the Site, such as those provided by Google Analytics, to, for example, enable us to continually improve on the content we offer to you, for systems administration purposes, to evaluate your use of the Site, to compile reports on activity, to analyze performance metrics, and to collect and evaluate other information related to the Site.

Performance of the Site. We also use third party services to track information about the performance of the Site. The third party services collect aggregated data from visits to the Site to help troubleshoot any problems with performance, such as errors in code or page load times. We use this information to optimize your experience with the Site.

Site Hosting. The Site is hosted on Shopify Inc. (“Shopify”). Shopify provides us with the online e-commerce platform that allows us to sell our products to you. Your data is stored through Shopify’s and its contractor’s data storage, databases, and the general Shopify application. If you choose a direct payment gateway to complete your purchase, then Shopify and its contractors store your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). For more insight, please read Shopify’s Terms of Service at https://www.shopify.com /legal/terms and Privacy Statement at https://www.shopify.com/legal/privacy.

Dealer Inquiry. We use POWr, Inc. (“POWr”) to manage all form submissions. By submitting a form, you acknowledge that the information you provide will be transferred to POWr for processing in accordance with their Terms of Use at https://www.powr.io/terms and Privacy Notice at https://www.powr.io/privacy

DATA INTEGRATION
While the information that we and our third party service providers collect automatically does not normally contain personal information, we may maintain it or associate it with personal information we collect from you or that we receive from third parties. This helps us to, among other things: (a) estimate our audience size and usage patterns; (b) store information about your preferences, allowing us to customize our Site according to your individual interests; (c) speed up your searches; (d) improve the Site and any products and services we offer through the Site; and (e) improve our marketing efforts.
HOW WE USE INFORMATION

Uses of Non-personal Information. We use information we collect automatically, which typically does not identify you, for various internal business purposes, including those described in this Notice. We may also use information we collect automatically from your use of the Site that is otherwise de-identified, aggregated, or anonymous, for any purpose.

Uses of Personal Information. We may use your personal information:

    •    To respond to any request you have made, including for information and/or products;
    •    For our marketing efforts, including to keep you informed about existing and new products;
    •    To provide you with customer support;
    •    To resolve problems and disputes with the Site;
    •    To improve the Site and our products;
    •    To protect the security and integrity of the Site;
    •    To monitor compliance with and enforce this Notice and any other applicable agreements and policies;
    •    If necessary, to notify you about changes to the Site and any products we offer;
    •    In any other way we may describe when you provide the information, or any other purpose we deem necessary or appropriate;
    •    To fulfill any other purposes for which you provide it, or offer your consent; and
    •    As generally permitted under applicable law.

DISCLOSURE OF YOUR INFORMATION
We may share your information, including your personal information:
    •    With our parent companies, subsidiaries and affiliates;
    •    With our subcontractors, service providers and other third parties we use to support our business and the Site, including our maintenance providers, and marketing partners;
    •    With a buyer or other successor in the event of or during a merger, divestiture, restructuring, dissolution or other sale or transfer of some or all of StaCyc’s assets or equity, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal information held by StaCyc is among the assets transferred;
    •    For any other purposes disclosed by us when you provide the information, or any other purchase we deem necessary or appropriate; or
    •    With your consent.

We may also share your personal information to comply with any court order or legal obligation, including responding to any lawful government or regulatory request, or if we believe disclosure is necessary to enforce or protect our rights, property, or safety, or that of our users or third parties.

YOUR CHOICES ABOUT OUR COLLECTION, USE, AND DISCLOSURE

We strive to provide you with information and choices regarding the information you provide to us and that we collect, including:
Cookies. If you do not wish us to collect cookies, you may set your browser to refuse some cookies, or to alert you when cookies are being sent. If you do so, please note that some parts of the Site may then be inaccessible or may not function properly. Information on deleting or controlling cookies can be found at www.aboutcookies.org.
Opt-Out. You may opt-out of receiving future communications from us any time we request your personal information. You can opt-out by using the unsubscribe process at the bottom of the email or by emailing us at privacy@stacyc.com with “unsubscribe” in the subject line. We will use commercially reasonable efforts to process such request in a timely manner.
Accessing and Correcting Personal Information. Where required by applicable law, StaCyc will provide you with reasonable access to your personal information that we hold about you. In responding to a request for access, StaCyc may require you to provide us with sufficient information to confirm your identity in order to locate responsive information, to identify your concerns which led to or motivated the request and the nature of the information requested.
You must ensure your information is accurate and up-to-date, and notify StaCyc when there are changes so we can be sure that your personal information is reliable for its intended use. If your personal information is inaccurate or incomplete, you may, to the extent permitted or required by applicable law, request that your personal information be corrected.

You may also request correction or deletion of your personal information. StaCyc will take reasonable steps to correct or delete your personal information that is inaccurate or incomplete, except where retention is required by applicable law, contractual obligations, or StaCyc policies.

StaCyc may refuse your request for access to, correction, or deletion of your personal information in certain circumstances. If StaCyc denies your access, correction, or deletion request, we will notify you of the reason of the denial.

EXTERNAL WEBSITES

Third Party Links. Our Site may contain links to websites operated and maintained by third parties. We have no control over and are not responsible for the privacy policies or content on those websites, and any links to third party websites do not imply an affiliation between StaCyc and the website owner, or any endorsement, approval or verification of any content contained on those websites. Privacy policies on third party websites may be different from our Notice. You access such links at your own risk. You should always read the Privacy Notice of a website before disclosing any of your information.

Links to Our Social Media Websites. If you use a functionality on the Site allowing you to send content to StaCyc or another user, through the use of social media platforms such as Facebook®, Twitter®, Instagram® and YouTube®, then please be aware that: (a) we may display your email address and/or social media handle (e.g. username) to the other users; (b) we may use information you provide about other users to facilitate the communication; and/or (c) we may collect information about you and other user(s) as otherwise set forth in this Notice. We may also interact with you via social media platforms. Please note that any content you post to social media platforms is subject to the specific social media platform’s terms of use and privacy Notice.

DO NOT TRACK

The Site does not respond to “do not track” requests. All traffic is treated as equal and processed the same. If you desire to have your browsing be private, we suggest that you use your web browser’s private or incognito function, or similar options.

SECURITY

We strive to use reasonable means to secure your personal information; however, please keep in mind that the transmission of information over the Internet and on mobile platforms is not always secure, which means we cannot and do not guarantee the security or confidentiality of any personal information you provide to us. Given this reality, your use of our Site, and your decision to provide personal information to us, is at your own risk.

CHANGES TO THIS NOTICE

We may update this Notice to reflect material changes in the manner in which we deal with personal information, including complying with law or self-regulatory standards, or for business purposes. The Notice posted here will always be current. We encourage you to review it regularly. Your continued use of this Site after we make changes is deemed to be your acceptance of any changes.

CONTACT US

To ask questions or comment about this Notice or to remove or change your contact information in our database, or to not receive future mailings or other communications, as well as other inquiries, please contact us at any time using one of the options below:
    •    Via e-mail:     privacy@stacyc.com
    •    Via telephone:    (325) 766-7097
    •    Via mail:
STACYC, Inc.
6795 Corporation Pkwy Suite 200
Fort Worth, TX

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WAIVER & RELEASE OF LIABILITY AGREEMENT

IMPORTANT: THIS IS A WAIVER & RELEASE OF LIABILITY AGREEMENT. PLEASE READ THIS AGREEMENT CAREFULLY BEFORE AGREEING BELOW.

The individual named below (“I” or “me”) has been given the opportunity to participate in a free demonstration ride (the “Activity”) on one or more StaCyc®- or Harley-Davidson®-branded children’s electrically powered push bikes (with each such bike being referred to herein as an “eDrive”).

I fully understand and acknowledge that operating or riding on an eDrive is an activity that has its own unique risks, and that serious injury or even death could result from operating or riding on an eDrive through no fault of my own. With knowledge of the risks associated with operating or riding on an eDrive, I am voluntarily participating in the Activity. For and in consideration of the opportunity to engage in the Activity, and for other valuable consideration, the receipt and adequacy of which are hereby acknowledged, I hereby, on behalf of myself and my heirs, personal representatives, administrators, executors, successors, and assigns (collectively, “Heirs and Assigns”), expressly agree to all of the terms herein.

I EXPRESSLY AGREE TO ASSUME THE ENTIRE RISK OF ANY ACCIDENTS OR PERSONAL INJURY, INCLUDING PERMANENT DISABILITY, PARALYSIS AND DEATH, THAT I MIGHT SUFFER AS A RESULT OF MY OPERATING OR RIDING ON AN eDRIVE, OR OTHERWISE PARTICIPATING IN THE ACTIVITY, WHETHER CAUSED BY THE NEGLIGENCE OF STACYC, LIVEWIRE, H-D, OR OTHERWISE.

Furthermore, I hereby RELEASE AND FOREVER DISCHARGE StaCyc, LLC (“StaCyc”), LiveWire EV, LLC (“LiveWire”), Harley-Davidson, Inc. (“H-D”), each of their affiliated companies and subsidiaries (collectively “Affiliates”), and each of their respective officers, directors, employees, dealers, distributors, subsidiaries and agents (collectively, the “Released Parties”), from ANY AND ALL NEGLIGENCE AND BREACH OF WARRANTY CLAIMS, DEMANDS, RIGHTS AND CAUSES OF ACTION(collectively, “Claims”) OF ANY KIND WHATSOEVER that I or any of my Heirs and Assigns now have or later may have against any Released Party resulting from, connected with or arising out of my operation of or riding on any eDrive or my participation in the Activity.

I acknowledge and understand that as to the Claims released above, THIS AGREEMENT EXTENDS TO, AND RELEASES, DISCHARGES AND WAIVES LIABILITY FOR ANY AND ALL SUCH CLAIMS that I or any of my Heirs and Assigns have or later may have against the Released Parties, regardless of whether such Claims now exist or hereafter arise, or are known or unknown, contingent or absolute, liquidated or unliquidated, or foreseen or unforeseen, or arise by operation of law or otherwise.

I acknowledge and understand that by my agreeing to this Agreement, I (on my own behalf and on behalf of my Heirs and Assigns) COVENANT AND AGREE NOT TO SUE any or all of the Released Parties for any cause of action released or waived hereby for any injury, death or damage to myself arising out of the Activity or my operation of or riding on any eDrive.

I confirm that this Agreement is intended to be as broad and inclusive as is permitted by law. To the extent that the scope of this Agreement is unenforceable in any jurisdiction, said scope will, as to such jurisdiction only, be automatically limited to the extent necessary to make this Agreement enforceable in such jurisdiction, without invalidating any other portion of this Agreement. I acknowledge I have the right and opportunity to bargain or negotiate the terms of this Agreement, and I hereby waive that right.

By agreeing to this Agreement, I certify that I have read this Agreement and fully understand it, that I am not relying on any statements or representations of any of the Released Parties, that I have been given the opportunity and sufficient time to read and ask questions regarding this Agreement, and that I understand that by choosing voluntarily to agree to this Agreement, I am agreeing to give up important legal rights. This Agreement sets forth all of the terms between me and StaCyc regarding the topics addressed herein. This Agreement may only be modified or terminated with the written consent of me and StaCyc.

By signing below, I acknowledge that I have read and fully understood all of the terms of this Agreement and that I am voluntarily giving up substantial legal rights, including the right to sue the Released Parties for claims, whether known or unknown, arising out of my participation in the Activity.



First Individual Name

First Name*

Last Name*

Phone*
First Individual Date of Birth*
First Individual Signature*
Second Individual Name

First Name*

Last Name*

Phone*
Second Individual Date of Birth*
Third Individual Name

First Name*

Last Name*

Phone*
Third Individual Date of Birth*
Fourth Individual Name

First Name*

Last Name*

Phone*
Fourth Individual Date of Birth*
Fifth Individual Name

First Name*

Last Name*

Phone*
Fifth Individual Date of Birth*
Sixth Individual Name

First Name*

Last Name*

Phone*
Sixth Individual Date of Birth*
Seventh Individual Name

First Name*

Last Name*

Phone*
Seventh Individual Date of Birth*
Eighth Individual Name

First Name*

Last Name*

Phone*
Eighth Individual Date of Birth*
Ninth Individual Name

First Name*

Last Name*

Phone*
Ninth Individual Date of Birth*
Tenth Individual Name

First Name*

Last Name*

Phone*
Tenth Individual Date of Birth*
Individual Address
Address Line 1:*
Street address, P.O. box, company name, c/o
Address Line 2:
Apartment, suite, unit, building, floor, etc.
Country:*
City:*
State/Province:*
Zip/Postal:*
Parent or Guardian's Email Address

Email*
Check to receive information, news, and discounts by e-mail and SMS.
Your signed waiver will be sent to the email address provided here and is available for download for three days via URL attachment.
Parent(s) or other legal guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.


I am the parent or legal guardian of the minor named above. I have the legal right to consult to and, by signing below, I hereby do consent to the terms of this Agreement.
Parent or Guardian's Name

First Name*

Last Name*

Phone*
Parent or Guardian's Date of Birth*
Parent or Guardian's Signature*
Electronic Signature Consent*
 By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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